Bza - Regular Meeting

[music] Daddy. Hallelujah. Heat. [music] Heat.

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Heat. Heat. [music] Heat. Heat. Heat. Heat. N. Heat. Heat. Heat. Heat.

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Heat. Heat. [music] Heat. Heat. [music] Heat. Heat. [music] [music] Heat. [music] [music] Hey, heat. Hey, heat. Madam Secretary.

Arma Johnson here. Kennedy Lasher here. William May. Ty McDaniel here. Reed Mills here. Michael Nicholls [clears throat] here. Danny Simonas. Ryan Watts. Chairman Stewart here. quarter six. Thank you. I need a motion to approve the minutes of the November meeting. So move second. Okay. Thank you. Thank you. Um all those I motion and then second. Okay. Uh voice vote. Um all those in favor vote I. I.

All those opposed vote no. Motion carries. I need a motion to approve the payment of the bills. So moved. Second. Um all those in favor vote I. I. I. All those opposed vote no. All right. Uh let's see. The first uh major item on the agenda uh will be the nominating committee. We need to nominate the officers for the new year. Um u Mr. Nichols, your uh chair of the nominating committee. Uh if you like to who the officers that you are. Mr. Chair, the nominating committee would nominate Charles Stewart as chair, Reed Mills as vice chair, and Irma Johnson as secretary treasurer.

Thank would you like to make a motion or I would move to approve that. Thank you. Second. Second. Thank you. Um any discussion or um do you need a roll call vote on that? Okay. Um all those in favor vote I. I. [clears throat] All those opposed, vote no. Thank you. Um let's see. Um motion uh to approve the updated fee schedule. [clears throat]

We have been working on that. Uh as you probably noticed, we didn't submit that to you all with the package. Uh because we're not quite there. We're still going back and forth on a couple of the things. Uh but we're we're 85% um ready. So we'll we'll have it for you in February. Okay. Yeah. Um and then uh let's see. And then we need a motion um the master calendar that was included with the board. So you all got a chance to look at that. Uh are there any questions the commission has for Eric on terms of the meetings for this year?

Nope. And then um Eric, I saw the landscaping committee uh January 22nd, next Thursday. Did you need to anything to meet for them? No, I think that's one of those regular uh scheduled slots. The landscape committee hasn't met in decades. Um they really for any Yeah, [laughter] they they have a a very limited role. The only reason they exist, well, to the degree that they even do exist, um is is to go over variances to landscape stuff. And that just doesn't happen very often. Um, so that's one of the things we're going to address in the new development code so we don't have this sort of zombie committee floating out there that people forget they're even on it and we lose.

Um, to be honest, the one time I attempted to schedule a meeting in my nine years at the city, I couldn't reach most of them and the few that I did were surprised that it was still a thing. So, well, I know it was very active under Mrs. Waterfield. I know I guess what [clears throat] that was about like 20 years ago. Yeah. So, um, I know and you all brought that up in a number of times in the in your updating on the code. Mhm. Um so, um let's see. Is there any um any questions for Eric on the calendar? Okay. Uh I need a motion to approve it. So moved. Second. Thank you. Thank you. And uh all those in favor vote I. I. All those opposed vote no.

All right. Thank. And then um uh Eric, I know you all were talking about having a schedule for the regulations. you know, when with the May or June meeting, you're hoping to present all that to the [snorts] planning commission. Uh, yes, that's the goal. Um, so we're hoping that we can have it wrapped up and adopted by July, so into the fiscal year. Um, we should be on um pace to do that. We're getting to a point, I think I mentioned this in last month's update, where we've got enough that we want to kind of um both share it with some stakeholders that we met with at the beginning of the process um to to bounce some of the ideas off as a sounding board, some folks that are used to using our regulations

um and and and some some of you know our local engineering community and that kind of thing. folks that are used to doing this. Um, and also have some kind of an open house with the public to not necessarily share the draft regulations themselves, but at the very least some information about the kind of things we're looking at changing u to try to get u some information out so people know and get it out on the website. We've tentatively scheduled um at the library for February 26th, the evening of February 26th to have this sort of open house, if you will, probably a basic presentation from us and our consultant on kind of where we are and thematically what we're trying to do with the regs, you know, notable things to point out that are going to be different, that kind of thing.

And [snorts] then some some stations for people to kind of hover around and and see some stuff. So, have you um have you already started to advertise that on? No, no, no, no. We've I mean that's a month and a half out and we're we're going to make sure that we're ready for starters, but we went ahead and reserved the libraries uh river room, so we we have it on the calendar. Um and that's the goal. Do you know what uh day of the week that will be? Uh that I did not write down. I think it was a Tuesday or Wednesday. Okay. And uh let's see. Autumn mentioned that uh possible have the consultant here at next month's meeting to explain kind of an overview to the planning commission. Are you all still hoping to do that? I have not spoken with him about that. No. Okay.

I don't know if Autumn has. I mean, that would be very good for the planning commission kind of get an overview of that. Okay. Uh yeah, she had mentioned that. I mean, if y'all can make that happen, that'd be great. Okay. Um, and then I know um Autumn was talking about uh she was trying to have a joint meeting with uh planning commission and uh um and the BCA uh what December 12th and that you couldn't get uh you know you couldn't get a form you know couldn't get people there. Uh are you all trying to pick she said trying to pick a date in fail? Oh yes she had tried to arrange a a joint meeting kind of to do some new member orientation and that kind of thing. Um and didn't end up working out. I think it was one of those big snow days we had. Well, it was two weeks before Christmas.

Yeah. And that doesn't help already, right? So, yeah, I think I think her intention was to try to reschedule that. She mentioned she's trying to possibly do it in February. Uh, sure. Okay. That uh and uh do you all have any dates for uh for that or I I don't know of any. We haven't spoken since we, you know, had to reschedule it and now we're through the holidays and all that. Um so, okay. um that I think it's a great idea. I don't think we've ever had a kind of a joint meeting between the two. So, I think that'd be a really good idea. Great.

And um let's see in ter uh did y'all have any other that you all wanted to get approved or in terms of um Oh, Autumn was talking about making some changes into the uh the rules. Uh did she get a chance to talk with you about that? What rules? Uh I think it was kind of updating on some uh the uh bylaws and some of the rules. Did she get a chance to talk to you about that? We have not gone over that. Okay. Uh is there any other item that y'all uh need to get approved or? Nope. Okay. All right. Thank you. Yeah. Uh the standing uh committees. Um any reports of standing committees?

Okay. And then uh any reports of special committees? Uh

Madam Chair, if you can introduce the next item. Sure. Public hearing. Josiah and Hannah Carner are requesting a zone map amendment from two family district RD to limited commercial district CL for the property at 744 Benson Avenue. The property may be more specifically identified as PBA map number 061-23-04-00001.00. This is a city item. And if you're going to testify to be sworn, do you swear and affirm that you're going to tell the truth that the truth?

I do. Thank you, [clears throat] Mr. Chairman. For purposes before we start, the reason we've gone to item two is I received notice by email item one has been withdrawn by the applicant. So I think let everybody know that that's why we're not we're not jumping around. This is the first. Thank you. Eric Cochley. And what is your position of the city of Frank? I am director of the planning and community development department.

And in your capacity, have you reviewed an application of the carers for a zone map amendment from [snorts] RD to limited commercial CL zone at 744 Benson Avenue here in the city? I have. And have you after reviewing it reached a recommendation and report to this? I have. Are there any additions or for the reported. Nope. In that report, did you recommend approval of the zone map based upon findings that you submitted to the commission? I do. Are there any changes in those findings or in that recommendation? There are not.

Did you briefly indicate the basis of your decision to the commission? Sure. Um after reviewing the proposed land use and zoning change, um I found that uh broadly this can be supported by the comp plan, um and that the zoning and land use is appropriate within the future land use designation um of residential neighborhood.

Uh does the commission have any questions for staff? time. No. All right. Thank you, Mr. Chairman. I move that staff report. Thank you. Uh does anyone uh in the audience have uh questions for staff on this item? Uh if the applicant can present their request, please

I need to swear you. Do you swear in a test to give us the truth but the truth? I don't know. I do. [clears throat] You state your name for the record. Oh, my name is Josiah Carner. Mr. Carson, please indicate your position with regard to the recommendation staff. Uh, as far as our intentions of property, no. Do you agree with the recommendation? Oh, yes, I do. I'm sorry. The first time I do, [laughter] is there anything you'd like to relate to the commission tonight? Um, no, I don't think so. Okay.

Uh, does the commission have any questions for the applicant? time. No, I'm good. Good. All right. Thank you very much. Thank you. Uh, does anyone in the audience have questions for the applicant? Is there anyone who would like to uh speak on this request? Uh let's um uh if it's ready uh Mr. Logan that uh to go ahead can we prepare and go ahead with the limited amount of testimony we've had tonight we certainly can consider it.

Okay. [snorts] Thank you. Um the motion um textbook previously. Um I would like to make a motion that we enter into the record the findings of facts from the staff 1 through 7 on page five of eight and also make a motion to approve the zone map amendment from two family district RD to limited commercial district seal for the property at 744 Benson Avenue. I'll second. All right. Thanks. Need any discussion before we vote? Roll call. Miss Johnson? Yes. Mr. Leer? Yes.

Mr. McDaniel? Yes. Mr. Mills? Yes. Mr. Nichols? Yes. Chairman Stewart? Yes. Motion passes unanimously. Thank you. Uh if you uh introduce the next item

public hearing AK Group LLC by Alan Cultural are requesting a zone map amendment from professional office district to commercial industrial district for the property located at 588 and 592 East Main Street. The property may be more specifically described as PVA map number 074-23-03-020.00. This is also a city item. Jordan, you state your name for the record? Uh, Jordan Miller. And Mr. Miller, what is your position? City of Frank,

senior planner. And as senior planner, have you reviewed the application by AK Group LLC for uh a zone map amendment? I have. And in doing so, did you prepare a staff report along with the recommendation? Yes. In your staff report and recommendation, did you recommend approval of this request for resone? I did. And are there any additions or deletions to that uh report that you prepared? No. Would you briefly indicate to the commission the basis of this request and your recommendation?

Yes. So this is a property on East Main Street. Currently there are two buildings that are located on that property used as a warehousing. The other building is used as office space and general storage. So the applicant would like the option to use the whole property as warehousing, dry storage. um future the proposed zoning keeps in uh keeps in match with a long history of prior use of the property. So surrounding uses include IC industrial commercial which this is being proposed as and commercial uh CG general commercial zones. So staff found that it agreed with um KRS 100 2 KRS 100.213 specifically that it's agreement with the comp plan. So, we're recommending approval um with a couple positive findings on page six of the staff report.

Happy to answer any questions? Uh any questions for staff, Mr. John? My only question I have for you, Jordan, is what's preventing them to just continue using it as storage? Uh it's increase uh the current zoning is professional office. So increasing the um the uh conformity of the it's currently non-conforming illegal non-conforming use. So it's increasing that non-conformity if they were to continue with the storage use. Okay. Is there any benefit to them to change the zoning other than

Yeah, they can use the full property as they can expand that use to dry housing, dry storage and general warehousing. Current zoning doesn't permit that professional office or are we any questions or Tim? Thanks.

Thank you. Uh is there anyone in the audience who has questions for staff? I think um I would need the applicant to present their request. [snorts]

Hello. You need to be sworn in. Do you swear and affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth. I help you, God. I do. Thank you. My name is Alan Kotelan and I own the AK group and those two buildings and I have to do zoning change for the more opportunities for zoning for leasing. Benson helping me to do that and lease the buildings. U you want to um just here for any questions you have. Okay. Thank you. Um, Commissioner Commissioner Green, Mrs. Johnson,

I do have a question. So, the the building will be leased for industrial commercial use. Is that what I'm hearing you say? It'll be leased for warehousing. For warehousing. Okay. Uh, that zone is the only one that allows the warehousing to a third party as we understand it. Are there MS? Okay. Okay. Any other addition? Okay. Thank you. Um, is there anyone in the audience who has questions for the applicant? Right. Thank you. Thank you. Thank you. Is there anyone in the audience who wishes to speak on this request?

Uh, Mr. Logan, I know since limited testimony, can we go can we go ahead and vote? Yes, Mr. Chairman, you can. Okay. Thank you. Uh we need a motion to uh for this uh item.

I would like to make a motion that first we enter the findings of facts on page six of seven from staff and then also make a motion that we approve a zone map amendment for from professional office district to commercial industrial district for the property located at 588 and 592 East Main Street. Thank you. I'm sorry. [clears throat] Uh any uh um questions of commission before we vote? I will roll call. Miss Johnson? Yes. Mr. Lusher? Yes. Mr. McDaniel? Yes. Mr. Mills? Yes. Mr. Nichols?

Yes. Chairman Stewart? Yes. Motion passes unanimously. Thank you. Uh let's see before we uh have make a motion to close I know Mr. Lusher wanted to get a chance to speak

uh on this is on other business Mr. Um I am requesting so background a few months ago I had false and frivolous allegations lodged against me and this commission uh that I had to defend the Kentucky League of Cities specifically told or instructed me that Mr. Lusher and the commission should take all necessary steps to preserve and protect their rights within respect to the complaint. The complaint was found without merit. Uh, but I did incur legal fees regarding this complaint. This could have been lodged against any of us. And I'm asking for compensation of those legal fees of $6,000.

There's an invoice that's been filed with Mr. Logan and Mr. Cochley. the the commission obviously cannot do that. The commission can ask that the uh city who made the appointment consider the bill. So I I mean I think this is something that hadn't come up before but I envision that it's going to come up again sometime and it is something that either we need to make arrangements to correct handle either by insurance by payment or some something

or everybody needs to know that they're riding on their own if they something happens with regard. [clears throat] So I think his request is that the commission refer it on to the city for sure consideration of payment or providing some kind of means to resolve an issue when you're being sued individually right as you said I mean if this happens a lot I mean future members of the community want to serve on the planning commission if that I don't think I would but I don't want to do anything Right. [laughter] Unfortunately, this has become this day and age.

So, yes, us personally up here, we do need some protection. I know that you brought this up, Mr. But you will not be able to vote on this as you have to step down as a member because it's personally upon you. Correct. If we make a motion, then uh if we make a motion, Mr. Leer cannot participate. Correct. But I'm saying he has to remove himself from the disc. And are you recommending make a motion to request to the city to go? I'm not making a recommendation. I'm telling you what I think the request was to do. Okay. Um if you'll uh in that case, we'll make a motion if you can. Okay. If you'll make a motion, I'm going there. Yeah. Good. Thank you.

Thank you. Well, did did you make a motion? Well, we uh we would need to in that case for someone to make a motion uh to make a request to the city. In my opinion, someone needs to make a motion. And I think we ought to be clear on what we're doing because it's not a bill you're incurring. It's a bill you're seeking reimbursement. Making a recommendation to the city, Mr. Wester according to the invoice. So, it's to be reimbured for that and making requests to the city for the city to reimburse uh Mr. Lusher. That's if you want to make that. Yes. I I think we ought to make one that say as a city look at. Okay. This not just for Mr. Lusher, right? But for everybody on the commission,

right? Uh there needs to be some kind of arrangement, I think, to to cover anybody, not just right. Absolutely. Absolutely. If someone uh planning commission might uh like to make the motion and we need a second. Yeah, I'll make a motion. I might need help with the verbiage of it and I'll second it. [laughter] Yeah. Uh, if you want I'll make a motion. The lawyer sitting on the desk helping with the [laughter] verbage. I can make the motion.

How about I'll make a motion that um the planning commission um requests that the city uh reimburse Mr. Lusher for his legal expenses and look into uh procuring some means of uh payment for any future complaints against any members of the commission and making requests to the city. Yes. Okay. Um uh I'll second

second. Thank you. Um any discussion before we vote? Uh other than the fact that if I were sitting in his shoes and the city refuses to pay it, then I will gladly give my resignation. I mean, I'm not going to sit I'm not going to sit here and and and take it all the time and then when I'm having to defend it, I have no backing. Right. Right. What kind of message are you sending?

Yeah. Is that um I know one of the questions you would think that uh the insurance the planning commission director's officers um that that would uh that's sure I know that there are insurance things available for members. I don't know enough about it to to explain it. I know that's one of the the means but I certainly think it's something to be considered. Oh, absolutely. Absolutely. Uh Is there any u discussion before uh we've got a second from Mrs. Johnson. Any uh discussion before we vote as a five. So we got a four u and we'll do a roll call.

Okay. Miss Johnson. Yes. Mr. McDaniel. Yes. Mr. Mills. Yes. Mr. Nichols. Yes. Chairman Stewart. Yes. Motion passes unanimously. So, we'll refer it on to the city. All right. Thank you. Um, are there u any other items before um any other Eric? Anymore? Okay. Uh motion to adjurnn. Need a motion. So, move second.

All right. Thank you. Thank you, ladies and gentlemen. Heat. Heat. [music] [music]

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